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2024 Supreme(SC) 499

M. M. SUNDRESH, S. V. N. BHATTI
Sunita Devi – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:For the Appellant(s) :Mr. Vikas Singh, Sr. Adv. Mr. Satwik Misra, Adv. Ms. Deepeika Kalia, Adv. Ms. Gunjan Dogra, Adv. Ms. Devashree, Adv. Mr. Keshav Khandelwal, Adv. Ms. Vasudha Singh, Adv. Ms. Udita Singh, AOR Mr. Vikas Singh, Sr. Adv. Ms. Deepeika Kalia, Adv. Mr. Mrityunjai Singh, AOR Mr. Keshav Khandelwal, Adv. Ms. Vasudha Singh, Adv.For the Respondent(s): Mr. Samir Ali Khan, AOR Mr. Shantanu Sagar, AOR Mr. Prabhat Ranjan Raj, Adv. Mr. Anil Kumar, Adv. Mr. Gunjesh Ranjan, Adv. Mr. Vaibhav Jain, Adv. Mrs. Divya Mishra, Adv. Mr. Nishesh Sharma, AOR Mr. Shyam Kishore Sharma, Sr. Adv. Ms. Prerna Singh, AOR Mr. Chander Uday Singh, Sr. Adv. Mr. Gautam Narayan, AOR Ms. Asmita Singh, Adv. Mr. Harshit Goel, Adv. Mr. K.V. Vibu Prasad, Adv. Mr. Chander Uday Singh, Sr. Adv. Mr. Gautam Narayan, AOR Ms. Asmita Singh, Adv. Mr. Harshit Goel, Adv. Mr. K.V. Vibu Prasad, Adv.

Judgement Key Points

What is the scope and limitations of Video Conferencing for courts as per Rules for Video Conferencing for Courts, 2020 in relation to remand, charging, and examination of accused? What are the standards and conditions for a court to order retrial or de novo trial due to trial irregularities, and what must the appellate court provide in its order? What are the guiding principles for fair trial and sentencing, including the duty to provide access to legal aid and the need for a sentencing policy, as discussed by the Supreme Court?

Key Points: - The judgment emphasizes that video conferencing for judicial remand or examination of the accused is to be used only in exceptional circumstances with reasons recorded in writing, and production of the accused before court is preferred over remote appearance (Paras 4, 11, 21; Rules for Video Conferencing for Courts, 2020 (!) - (!) , (!) - (!) , (!) - (!) ). - It clarifies that retrial or de novo trial by appellate courts is permissible only in exceptional cases where there is a miscarriage of justice or serious prejudice, and the appellate court must provide a reasoned order detailing the nature of the miscarriage of justice (Paras 27-28, 262-269, 245-246). - The text stresses the centrality of fair trial and due process, requiring adequate supply of documents to the accused, opportunity to consult counsel, and that sentencing must consider mitigating/aggravating factors with a potential need for a comprehensive sentencing policy or guidelines (Paras 7-12, 16-21, 28-36, 50-55, 315-323). - It holds that supply of documents under CrPC sections 207-209, 231, 233, 238 etc. must be timely and sufficient to enable a fair defense, and non-supply does not automatically vitiate trial unless prejudice is shown (Paras 62-66, 101-116, 118-123, 132-154). - It directs consideration of a comprehensive national sentencing policy, referencing international examples and recommending Government action to study and implement guidelines (Paras 691-707, 711-716, 717-725). - It requires adherence to the POCSO framework and expeditious trial, and recognizes necessity for reformative sentencing approaches (pockets around 775-778).

What is the scope and limitations of Video Conferencing for courts as per Rules for Video Conferencing for Courts, 2020 in relation to remand, charging, and examination of accused?

What are the standards and conditions for a court to order retrial or de novo trial due to trial irregularities, and what must the appellate court provide in its order?

What are the guiding principles for fair trial and sentencing, including the duty to provide access to legal aid and the need for a sentencing policy, as discussed by the Supreme Court?


1. Criminal Appeal No.3924 of 2023 has been filed by the informant, against the order of remittal passed by the Division Bench of the Patna High Court directing the Trial Court to conduct a de novo trial, while making certain observations against the Special Judge, disapproving his approach in the conduct of the trial. Criminal Appeal Nos.3926-3927 of 2023 have been filed by the learned Special Judge who conducted the trial and thereafter delivered the judgment. Criminal Appeal No.3925 of 2023 has been filed by the very same learned Judge, aggrieved over the remarks once again made by the High Court in an order of remittal, requesting the Hon’ble Chief Justice of the Patna High Court to consider whether the Judicial Officer should be assigned the function of holding sessions trial which have far reaching consequences, while sending him for fresh training to the State Judicial Academy.

2. Heard Learned Senior Counsel Mr. Vikas Singh for the appellant and Learned Senior Counsel Mr. C. U. Singh for the respondents. We have perused the documents filed along with the written submissions made by the parties.

3. Before going into the submissions on merit, we shall first deal with the provis


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